Radiologist Malpractice Lawsuit Results in $2.1M Verdict

A New York man has been awarded $2.1 million in damages following a medical malpractice lawsuit filed against a radiology group that failed to report a spinal lesion, which ultimately caused a delay in treatment that allegedly resulted inthe loss of feeling in both of his legs. 

The complaint was filed by Mark Boyer, 56, against Radiologic Associates, P.C., of Middleton, New York. According to allegations raised at trial, Boyer underwent a CT scan in February 2008 that showed a spinal lesion. However, Boyer argued that Radiologic Associates failed to properly report the results.

The radiologist malpractice lawsuit claimed that treatment of the spinal lesion was delayed for two weeks due to the failure to properly diagnose, causing Boyer to suffer severe compression of his spinal cord. He lost sensation in both legs and is permanently disabled as a result.

Before the malpractice, Boyer worked as a custom cabinet maker, but after losing sensation in both legs he can no longer stand, lift heavy materials or operate heavy machinery, according to a press release issued by Boyer’s attorneys.

Following a three-week trial in Ulster County Supreme Court, the New York state court jury awarded Boyer $900,000 for future pain and suffering, $600,000 for past pain and suffering, $450,000 for future lost wages, $120,000 for past lost wages, and $5,000 for medical expenses not covered by Boyer’s health insurance. The jury returned a verdict after two days of deliberation and dismissed failure to diagnose and malpractice claims against three other defendants.

A recent report found that cases of misdiagnosis cause more harm than previously believed. In a study published in February in JAMA Internal Medicine, researchers found that most cases of diagnostic errors during primary care treatment can lead to moderate to severe harm for patients. The research found that the most commonly misdiagnosed conditions were some of the most serious, including pneumonia, congestive heart failure, acute kidney failure, cancer and urinary tract infections, in that order.

The most frequent cause of misdiagnosis was a mistake during the patient-practitioner clinical encounter, which accounted for 79% of medical misdiagnosis incidents. Those mistakes happened when errors were made when taking the patient’s medical history, during the examination or when ordering diagnostic tests. The next most common causes for misdiagnosis were referral mistakes.